| 48 |
Are employees protected from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)? |
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48a:
In law, civil servants who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.
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| Score: |
YES |
NO |
 |
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Comments:
References: Law 571 / 2004 on the protection of whistleblowers in public institutions.
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48b:
In practice, civil servants who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Actual protection for whistleblowers is very difficult to achieve, due to the intensely politicized environment.
References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Vasile Marica, leader of the National Trade Union of Civil Servants
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48c:
In law, private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.
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| Score: |
YES |
NO |
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Comments:
References: Although they don't enjoy formal protection through the same laws, the general provisions of the Criminal Code offer protection to those who report on crimes, and make an offense the non-reporting of criminal behavior one may be aware of.
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48d:
In practice, private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Although they don't enjoy formal protection through the same laws, the general provisions of the Criminal Code offer protection to those who report on crimes, and make an offense the non-reporting of criminal behavior one may be aware of.
References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Vasile Marica, leader of the National Trade Union of Civil Servants
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| 49 |
Is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption? |
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49:
In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?
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| Score: |
YES |
NO |
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Comments:
References: Anti-corruption telephone green lines set up by the government in 2003, where reporting can remain in theory anonymous. The Ministry of Interior has its own green line for reporting abuses by police and its other services.
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| 50 |
In practice, is the internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption effective? |
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50a:
In practice, the internal reporting mechanism for public sector corruption has a professional, full-time staff.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Except for the Ministry of Interior, which has created an Internal Affairs department, such mechanisms are mostly PR initiatives which are not funded and staffed adequately.
References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Vasile Marica, leader of the National Trade Union of Civil Servants
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50b:
In practice, the internal reporting mechanism for public sector corruption receives regular funding.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Except for the Ministry of Interior, which has created an Internal Affairs department, such mechanisms are mostly PR initiatives which are not funded and staffed adequately.
References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Vasile Marica, leader of the National Trade Union of Civil Servants
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50c:
In practice, the internal reporting mechanism for public sector corruption acts on complaints within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Except for the Ministry of Interior, which has created an Internal Affairs department, such mechanisms are mostly PR initiatives which are not funded and staffed adequately. At best, these structures pass the information to the government's inspection department, or (very rarely) to the prosecutor's office, without being able to launch a minimal investigation.
References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Vasile Marica, leader of the National Trade Union of Civil Servants
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50d:
In practice, when necessary, the internal reporting mechanism for public sector corruption initiates investigations.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: The clear measure of ineffectiveness for such mechanisms is the fact that there are no major cases of curruption uncovered based on information from such sources.
References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Vasile Marica, leader of the National Trade Union of Civil Servants
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